Boating DUI Penalties

If you have been charged with Boating Under the Influence (BUI) in Washington State, you are facing gross misdemeanor criminal penalties. 

As defined by RCW 79A.60.040, operation of a vessel under the influence of intoxicating liquor, cannabis, or any drug is punishable by:

• up to 364 days in jail
• up to $5000 fine
• up to 2 years of probation

While it's unlikely that you would be sentenced to months of jail time, a drunk boating arrest or citation should not be taken lightly. A conviction would go on your criminal record and would likely need to be disclosed on applications for employment, housing, security clearances, and higher education.

• The presumed levels of intoxication are the same (.08 BAC or 5 ng/ml of THC)
• A boating while intoxicated conviction does not require the judge to impose mandatory jail time or fines.
• A BUI conviction does not have driver's license consequences.
• A drunk boating conviction does not result in any ignition interlock requirements.
• If you refuse to take a breath or blood test for intoxicated boating, there is a civil fine that ranges between $1000 and $2050. However, the fact that you refused can’t be used against you in a criminal trial.

For a boating DUI arrest or citation in WA State, charges will be filed in the criminal court that has jurisdiction. For example, if you were cited by a Seattle Police Harbor Patrol, the case will be in Seattle Municipal Court. If you were cited by King County Sheriff’s Marine Unit, your case will be in King County District Court. If the US Coast Guard is involved, they too will enforce the Boating Under the Influence laws of Washington State.

We often discover several evidentiary issues when defending people who are accused of a crime on a powerboat, sailboat, jet ski, or other vessel. These evidentiary issues can sometimes be enough to make a breath or blood test inadmissible in WA State Courts.

For example, the police must have probable cause to do a criminal investigation on your watercraft. Although it is easier to find probable cause for a land DUI (such as not using a turn signal) it is much more difficult for law enforcement to have a legal reason to stop you on a vessel. This is especially true during the emphasis patrols that occur on Lake Washington, Lake Union, and Puget Sound around July 4th and Seafair Weekend.

If you participated in field sobriety tests, we often get these results suppressed. This is because the test methods used are scientifically questionable and it can be difficult for Washington State to prove that you were aware of the voluntary nature of the tests.

At Beckwith Law, we are criminal defense attorneys with a proven track record for winning cases related to boating crimes. We fight boating DUI charges in King County, Pierce County, Snohomish County, Thurston County, & Kitsap County. 

We have office locations in Seattle & Tacoma, and we can be called any day of the week (including after-hours) for a free consultation. 

• Attorney Profile